Opinion
No. 81-2228.
July 14, 1982.
Appeal from the Circuit Court for Broward County, Humes T. Lasher, J.
Richard L. Jorandby, Public Defender, and William Lasley, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed. We believe the evidence was sufficient to sustain the jury's determination that appellant was an active participant in the burglary of an occupied conveyance. In addition, the hypothesis of innocence suggested by the appellant as a reasonable one in his statement to the police and his trial testimony was directly contradicted by the testimony of two eye-witnesses. For these reasons we do not believe we should substitute our judgment for that of the jury. Tibbs v. State, 397 So.2d 1120 (Fla. 1981). We also find that the error complained of as to the court's instructions to the jury was not properly preserved.
Accordingly, we affirm the judgment of the trial court.
AFFIRMED.
DOWNEY, ANSTEAD and BERANEK, JJ., concur.